SABIR ALI Vs. D.D.C.

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Standing Counsel for the State respondent Nos. 1 and 2 as well as learned counsel appearing for private respondent No. 3 and perused the records.

(2.) Petitioner is aggrieved with the order dtd. 11/11/2021 passed by Deputy Director of Consolidation, affirming the orders dtd. 13/3/2020 and 26/6/2020 passed by Consolidation Officer, whereby area of Plot No. 557 has been corrected to be measuring area 1.015 hectare in place of measuring area 2.562 hectare and its exchange value has been fixed to be eighty (80) paise, respectively.

(3.) Facts culled out from the records are that instant writ petition is arising out of proceeding under Sec. 9A(2) of U.P. Consolidation of Holdings Act. Plot No. 557, which has been allotted in the Chak of Ramesh Chandra Sharma (respondent No. 3), was kept out of the consolidation operation, vide order dtd. 7/7/2017 passed by the Consolidation Officer, on the basis of the report dtd. 28/6/2017 submitted by the Assistant Consolidation Officer. At later stage, a recall/restoration application has been filed by respondent No. 3 who is the tenureholder. The said recall application was allowed and the order dtd. 7/7/2017 was recalled. During pendency of proceedings, Consolidation Officer has called for the report from the authorities concerned with respect to the nature of Plot No. 557. Having considered the report dtd. 6/12/2019 and 25/10/2018 submitted by the Assistant Consolidation Officer and report dtd. 30/12/2019 submitted by Chief Treasurer, the Consolidation Officer, vide order dtd. 13/3/2020, has corrected the area of Plot No. 557 measuring area 2.562 hectare to be the area measuring 1.015 hectare and, accordingly, dimensions of said plot has been corrected in the map alongwith other surrounding plots. By subsequent order dtd. 26/6/2020, Consolidation Officer has fixed exchange value of Plot No. 557 measuring area 1.015 hectare to be eighty (80) paise.